Food & Beverage Litigation & Regulatory Update

Tag: restaurant

  • Consumers File TCPA Lawsuit Against Subway

    Two consumers have filed a lawsuit against Subway Sandwich Shops Inc. and T-Mobile USA Inc. alleging the companies sent unsolicited text messages advertising an offer for a free sandwich without first obtaining written consent from the recipients. Rahmany v. T-Mobile USA Inc., No. 16-1416 (W.D. Wash., filed September 6, 2016). The complaint asserts that the…

  • Pizza Delivery Drivers Granted Class Certification in Tips Dispute

    A Massachusetts federal court has granted certification to a class of former and current delivery drivers for Domino’s Pizza Inc. who allege that they should have received the delivery charge paid by customers. Mooney v. Domino’s Pizza, Inc., No. 14-13723 (D. Mass., order entered September 1, 2016). The plaintiffs also asserted that they should have been…

  • Tasty Burger Threatens Infringement Action Against Chipotle’s “Tasty Made” Burger Concept

    Restaurant chain Tasty Burger has reportedly threatened to file an infringement action against Chipotle Mexican Grill Inc. following the announcement of Chipotle’s new burger restaurant concept, Tasty Made. Tasty Burger argues that Tasty Made’s name and logo infringe upon Tasty Burger’s established marks, which have been used in commerce since 2010; in addition to the…

  • Wendy’s Data Breach Class Action Dismissed

    A Florida federal court has dismissed a putative class action against The Wendy’s Co. alleging the company failed to adequately secure its customers’ financial information but granted the plaintiff leave to amend. Torres v. Wendy’s Co., No. 16-0210 (M.D. Fla., order entered July 15, 2016). The court found that while the plaintiff’s financial information had been…

  • Taco Bell Drive-Thru Discriminates Against Hearing-Impaired, Lawsuit Alleges

    A deaf consumer has filed a lawsuit against Taco Bell Corp. and two franchisees alleging the company discriminated against her by refusing to allow her to order from the drive-through window. Cirrincione v. Taco Bell Corp., No. 33-0001 (D.N.J., filed July 13, 2016). At one location, the plaintiff alleges she wrote her order on a…

  • P.F. Chang’s Gluten Suit Voluntarily Dismissed

    A California federal court has granted voluntary dismissal to the plaintiff in a putative class action alleging P.F. Chang’s China Bistro Inc. discriminates against customers with a gluten allergy by adding a surcharge to gluten-free dishes. Phillips v. P.F. Chang’s China Bistro Inc., No. 15-0344 (N.D. Cal., San Jose Div., order entered June 6, 2016).…

  • New York Court Vacates Stay on Salt-Labeling Menu Rule

    A New York appeals court has reportedly vacated a February 2016 order that stayed enforcement of New York City’s regulation requiring chain restaurants with more than 15 locations to post warning icons on menus next to items with more than 2,300 milligrams of sodium. The ruling allows enforcement to begin on June 6, 2016, with…

  • “Panera 2.0” Ordering System Unaccommodating to Visually Impaired, Consumers Allege

    Two consumers have filed a putative class action against Panera LLC involving the restaurant chain’s “2.0” ordering system using touchscreen kiosks and a “fast lane” pick-up shelf, which they allege fails to accommodate the visually impaired. Gomez v. Panera LLC, No. 16-21421 (S.D. Fla., filed April 20, 2016). The plaintiffs argue that they each visited…